103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2643
 
Introduced 11/8/2023, by Sen. Doris Turner
 
SYNOPSIS AS INTRODUCED:

New Act
225 ILCS 41/1-10
225 ILCS 41/1-30
225 ILCS 41/10-25
410 ILCS 18/5
410 ILCS 18/20
410 ILCS 18/25
410 ILCS 18/35
410 ILCS 535/1 from Ch. 111 1/2, par. 73-1
410 ILCS 535/18 from Ch. 111 1/2, par. 73-18
410 ILCS 535/20 from Ch. 111 1/2, par. 73-20
410 ILCS 535/21 from Ch. 111 1/2, par. 73-21
 Creates the Reestablishing Integrity in Death Care Act. Provides that no later than January 1, 2025, when a death occurs within the State, the deceased's body, body bag, and any body part, organ, or tissue separated from the deceased to be used in nontransplant organ donation shall be affixed with a unique identifier, and chain of custody documentation shall be maintained for all dead bodies and human remains. Specifies requirements for the unique identifier and chain of custody documentation. Provides that the State Comptroller, the Department of Financial and Professional Regulation, and the Department of Public Health may inspect any business, provider, or facility in the State that handles dead bodies or human remains to ensure compliance with the Act and the rules adopted under the Act. Authorizes rulemaking to implement and enforce the Act. Amends the Funeral Directors and Embalmers Licensing Code, the Crematory Regulation Act, and the Vital Records Act to make conforming and other changes. Effective immediately.


LRB103 35293 RPS 65331 b


 
 
A BILL FOR
 
SB2643LRB103 35293 RPS 65331 b


1 AN ACT concerning health.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 1. Short title. This Act may be cited as the 
5Reestablishing Integrity in Death Care Act.

6 Section 5. Purpose.
7 (a) The purpose of this Act is to reestablish integrity in 
8death care by:
9  (1) implementing a mandatory unique identification 
10 system for every death that occurs in the State; and
11  (2) establishing a chain of custody system that tracks 
12 the human remains of a deceased individual whose death 
13 occurred in the State from death to final disposition, if 
14 the final disposition is in the State.
15 (b) The People of the State of Illinois intend that the 
16provisions of this Act, together with other provisions of 
17State law, will prevent:
18  (1) the misidentification of dead bodies or human 
19 remains;
20  (2) the misplacement of dead bodies or human remains; 
21 and
22  (3) conduct that results in a method of final 
23 disposition that differs from what is stipulated by the 
 
 
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1 deceased individual or the deceased's next of kin through 
2 other applicable State laws.

3 Section 10. Definitions. In this Act:
4 "Chain of custody documentation" means a record that 
5establishes the continuous location and control of a dead 
6body, body parts, or human remains, which includes (i) the 
7deceased's unique identifier; (ii) a list of each death care 
8provider that came in contact with the dead body; (iii) a list 
9of each service performed detailing the provider, location, 
10and date; and (iv) the signature of the individual who 
11executes final disposition.
12 "Unique identifier" means providing the deceased with 
13individual identification, through tagging, numbering, QR 
14code, or other individualized means, that is affixed to the 
15dead body, the body bag, and any body part, organ, or tissue 
16separated from the deceased to be used in nontransplant organ 
17donation in order to prevent misidentification of human 
18remains.

19 Section 15. Requirements.
20 (a) No later than January 1, 2025, when a death occurs 
21within the State, the deceased's body, body bag, and any body 
22part, organ, or tissue separated from the deceased to be used 
23in nontransplant organ donation shall be affixed with a unique 
24identifier. The unique identifier shall remain affixed to the 
 
 
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1deceased for identification purposes from the time the funeral 
2director who first assumes control of the body of a deceased 
3individual creates and affixes the unique identifier on the 
4deceased until the last feasible moment before final 
5disposition, if final disposition occurs in the State.
6 (b) No later than January 1, 2025, when a death occurs in 
7the State, chain of custody documentation shall be maintained 
8for all dead bodies and human remains. The chain of custody 
9documentation shall follow and be maintained with the human 
10remains from the time the funeral director who first assumes 
11control of the body of a deceased individual creates the chain 
12of custody documentation to the last feasible moment before 
13final disposition, if final disposition is within the State or 
14the human remains are returned to the State. If human remains 
15are returned to the next of kin under other applicable State 
16law, then the chain of custody documentation shall be provided 
17to the deceased's next of kin following final disposition.
18 (c) The chain of custody documentation shall include (i) 
19the deceased's unique identifier; (ii) a list of each death 
20care provider that came in contact with the dead body; (iii) a 
21list of each service performed detailing the provider, 
22location, and date; and (iv) the signature of the individual 
23who executes final disposition.

24 Section 20. Enforcement; rulemaking.
25 (a) The State Comptroller, the Department of Financial and 
 
 
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1Professional Regulation, and the Department of Public Health 
2are authorized to adopt, modify, amend, repeal, and enforce 
3rules for the purpose of reestablishing a death care system 
4where all human remains of deceased individuals whose death 
5occurred in the State shall:
6  (1) be affixed with a unique identifier from the time 
7 of death to final disposition, if the disposition occurs 
8 in the State; and
9  (2) be accompanied with maintained chain of custody 
10 documentation from the time of death to final disposition, 
11 if the disposition occurs in the State.
12 (b) The State Comptroller, the Department of Financial and 
13Professional Regulation, and the Department of Public Health 
14may inspect any business, provider, or facility in the State 
15that handles dead bodies or human remains to ensure compliance 
16with this Act and the rules adopted under this Act.

17 Section 900. The Funeral Directors and Embalmers Licensing 
18Code is amended by changing Sections 1-10, 1-30, and 10-25 as 
19follows:

20 (225 ILCS 41/1-10)
21 (Section scheduled to be repealed on January 1, 2028)
22 Sec. 1-10. Definitions. As used in this Code:
23 "Address of record" means the designated address recorded 
24by the Department in the applicant's or licensee's application 
 
 
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1file or license file. 
2 "Applicant" means any person making application for a 
3license. Any applicants or people who hold themselves out as 
4applicants are considered licensees for purposes of 
5enforcement, investigation, hearings, and the Illinois 
6Administrative Procedure Act.
7 "Board" means the Funeral Directors and Embalmers 
8Licensing and Disciplinary Board.
9 "Certificate of Death" means a certificate of death as 
10referenced in the Illinois Vital Records Act. 
11 "Chain of custody documentation" means a record that 
12establishes the continuous location and control of a dead 
13body, body parts, or human remains as described in the 
14Reestablishing Integrity in Death Care Act. 
15 "Department" means the Department of Financial and 
16Professional Regulation.
17 "Email address of record" means the designated email 
18address recorded by the Department in the applicant's 
19application file or the licensee's license file as maintained 
20by the Department's licensure maintenance unit. 
21 "Funeral director and embalmer" means a person who is 
22licensed and qualified to practice funeral directing and to 
23prepare, disinfect and preserve dead human bodies by the 
24injection or external application of antiseptics, 
25disinfectants or preservative fluids and materials and to use 
26derma surgery or plastic art for the restoring of mutilated 
 
 
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1features. It further means a person who restores the remains 
2of a person for the purpose of funeralization whose organs or 
3bone or tissue has been donated for anatomical purposes.
4 "Funeral director and embalmer intern" means a person 
5licensed by the Department who is qualified to render 
6assistance to a funeral director and embalmer in carrying out 
7the practice of funeral directing and embalming under the 
8supervision of the funeral director and embalmer.
9 "Embalming" means the process of sanitizing and chemically 
10treating a deceased human body in order to reduce the presence 
11and growth of microorganisms, to retard organic decomposition, 
12to render the remains safe to handle while retaining 
13naturalness of tissue, and to restore an acceptable physical 
14appearance for funeral viewing purposes.
15 "Funeral director" means a person, known by the title of 
16"funeral director" or other similar words or titles, licensed 
17by the Department who practices funeral directing.
18 "Funeral establishment", "funeral chapel", "funeral home", 
19or "mortuary" means a building or separate portion of a 
20building having a specific street address or location and 
21devoted to activities relating to the shelter, care, custody 
22and preparation of a deceased human body and which may contain 
23facilities for funeral or wake services.
24 "Licensee" means a person licensed under this Code as a 
25funeral director, funeral director and embalmer, or funeral 
26director and embalmer intern. Anyone who holds himself or 
 
 
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1herself out as a licensee or who is accused of unlicensed 
2practice is considered a licensee for purposes of enforcement, 
3investigation, hearings, and the Illinois Administrative 
4Procedure Act. 
5 "Owner" means the individual, partnership, corporation, 
6limited liability company, association, trust, estate, or 
7agent thereof, or other person or combination of persons who 
8owns a funeral establishment or funeral business.
9 "Person" means any individual, partnership, association, 
10firm, corporation, limited liability company, trust or estate, 
11or other entity. "Person" includes both natural persons and 
12legal entities. 
13 "Secretary" means the Secretary of Financial and 
14Professional Regulation. 
15 "Unique identifier" means providing the deceased with 
16individual identification, through tagging, numbering, QR 
17code, or other individualized means, that is affixed to the 
18dead body, the body bag, and any body part, organ, or tissue 
19separated from the deceased to be used in nontransplant organ 
20donation in order to prevent misidentification of human 
21remains as described in the Reestablishing Integrity in Death 
22Care Act. 
23(Source: P.A. 102-881, eff. 1-1-23.)

24 (225 ILCS 41/1-30)
25 (Section scheduled to be repealed on January 1, 2028)
 
 
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1 Sec. 1-30. Powers of the Department. Subject to the 
2provisions of this Code, the Department may exercise the 
3following powers:
4  (1) To authorize examinations to ascertain the 
5 qualifications and fitness of applicants for licensing as 
6 a licensed funeral director and embalmer and pass upon the 
7 qualifications of applicants for licensure.
8  (2) To examine the records of a licensed funeral 
9 director or licensed funeral director and embalmer from 
10 any year or any other aspect of funeral directing and 
11 embalming as the Department deems appropriate.
12  (3) To investigate any and all funeral directing and 
13 embalming activity.
14  (4) To conduct hearings on proceedings to refuse to 
15 issue or renew licenses or to revoke, suspend, place on 
16 probation, reprimand, or otherwise discipline a license 
17 under this Code or take other non-disciplinary action.
18  (5) To adopt all necessary and reasonable rules and 
19 regulations for the effective administration of this Code.
20  (6) To prescribe forms to be issued for the 
21 administration and enforcement of this Code.
22  (7) (Blank).
23  (8) To contract with third parties for services 
24 necessary for the proper administration of this Code 
25 including, without limitation, investigators with the 
26 proper knowledge, training, and skills to properly inspect 
 
 
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1 funeral homes and investigate complaints under this Code. 
2  (9) To adopt rules requiring that all human remains be 
3 affixed with a unique identifier under this Code. 
4  (10) To adopt rules that implement chain of custody 
5 documentation for human remains. 
6(Source: P.A. 102-881, eff. 1-1-23.)

7 (225 ILCS 41/10-25)
8 (Section scheduled to be repealed on January 1, 2028)
9 Sec. 10-25. Examinations. The Department shall authorize 
10and hold examinations of applicants for licenses as licensed 
11funeral directors and embalmers. The examination may include 
12both practical demonstrations and written and oral tests and 
13shall embrace the subjects of anatomy, sanitary science, 
14health regulations in relation to the handling of deceased 
15human bodies, identification rules and regulations in relation 
16to the handling and storing of multiple human bodies, measures 
17used by funeral directors and embalmers for the prevention of 
18the spread of diseases, the care, preservation, embalming, 
19transportation, and burial of dead human bodies, and other 
20subjects relating to the care and handling of deceased human 
21bodies as set forth in this Article and as the Department by 
22rule may prescribe.
23 Whenever the Secretary is not satisfied that substantial 
24justice has been done in an examination, the Secretary may 
25order a reexamination.
 
 
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1 If an applicant neglects, fails without an approved excuse 
2or refuses to take the next available examination offered for 
3licensure under this Code, the fee paid by the applicant shall 
4be forfeited to the Department and the application denied. If 
5an applicant fails to pass an examination for licensure under 
6this Code within 3 years after filing an application, the 
7application shall be denied. However, the applicant may 
8thereafter make a new application for examination which shall 
9be accompanied by the required fee.
10(Source: P.A. 96-1463, eff. 1-1-11.)

11 Section 905. The Crematory Regulation Act is amended by 
12changing Sections 5, 20, 25, and 35 as follows:

13 (410 ILCS 18/5)
14 (Section scheduled to be repealed on January 1, 2029)
15 Sec. 5. Definitions. As used in this Act:
16 "Address of record" means the designated address recorded 
17by the Comptroller in the applicant's or licensee's 
18application file or license file. It is the duty of the 
19applicant or licensee to inform the Comptroller of any change 
20of address within 14 days, and such changes must be made either 
21through the Comptroller's website or by contacting the 
22Comptroller. The address of record shall be the permanent 
23street address of the crematory. 
24 "Alternative container" means a receptacle, other than a 
 
 
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1casket, in which human remains are transported to the 
2crematory and placed in the cremation chamber for cremation. 
3An alternative container shall be (i) composed of readily 
4combustible or consumable materials suitable for cremation, 
5(ii) able to be closed in order to provide a complete covering 
6for the human remains, (iii) resistant to leakage or spillage, 
7(iv) rigid enough for handling with ease, and (v) able to 
8provide protection for the health, safety, and personal 
9integrity of crematory personnel.
10 "Authorizing agent" means a person legally entitled to 
11order the cremation and final disposition of specific human 
12remains. "Authorizing agent" includes an institution of 
13medical, mortuary, or other sciences as provided in Section 20 
14of the Disposition of Remains of the Indigent Act.
15 "Body parts" means limbs or other portions of the anatomy 
16that are removed from a person or human remains for medical 
17purposes during treatment, surgery, biopsy, autopsy, or 
18medical research; or human bodies or any portion of bodies 
19that have been donated to science for medical research 
20purposes.
21 "Burial transit permit" means a permit for disposition of 
22a dead human body as required by Illinois law.
23 "Casket" means a rigid container that is designed for the 
24encasement of human remains, is usually constructed of wood, 
25metal, or like material and ornamented and lined with fabric, 
26and may or may not be combustible.
 
 
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1 "Chain of custody documentation" means a record that 
2establishes the continuous location and control of a dead 
3body, body parts, or human remains as described in the 
4Reestablishing Integrity in Death Care Act. 
5 "Comptroller" means the Comptroller of the State of 
6Illinois.
7 "Cremated remains" means all human remains recovered after 
8the completion of the cremation, which may possibly include 
9the residue of any foreign matter including casket material, 
10bridgework, or eyeglasses, that was cremated with the human 
11remains.
12 "Cremation" means the technical process, using heat and 
13flame, or alkaline hydrolysis that reduces human remains to 
14bone fragments. The reduction takes place through heat and 
15evaporation or through hydrolysis. Cremation shall include the 
16processing, and may include the pulverization, of the bone 
17fragments.
18 "Cremation chamber" means the enclosed space within which 
19the cremation takes place.
20 "Cremation interment container" means a rigid outer 
21container that, subject to a cemetery's rules and regulations, 
22is composed of concrete, steel, fiberglass, or some similar 
23material in which an urn is placed prior to being interred in 
24the ground, and which is designed to withstand prolonged 
25exposure to the elements and to support the earth above the 
26urn.
 
 
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1 "Cremation room" means the room in which the cremation 
2chamber is located.
3 "Crematory" means the building or portion of a building 
4that houses the cremation room and the holding facility.
5 "Crematory authority" means the legal entity which is 
6licensed by the Comptroller to operate a crematory and to 
7perform cremations.
8 "Final disposition" means the burial, cremation, or other 
9disposition of a dead human body or parts of a dead human body.
10 "Funeral director" means a person known by the title of 
11"funeral director", "funeral director and embalmer", or other 
12similar words or titles, licensed by the State to practice 
13funeral directing or funeral directing and embalming.
14 "Funeral establishment" means a building or separate 
15portion of a building having a specific street address and 
16location and devoted to activities relating to the shelter, 
17care, custody, and preparation of a deceased human body and 
18may contain facilities for funeral or wake services.
19 "Holding facility" means an area that (i) is designated 
20for the retention of human remains prior to cremation, (ii) 
21complies with all applicable public health law, (iii) 
22preserves the health and safety of the crematory authority 
23personnel, and (iv) is secure from access by anyone other than 
24authorized persons. A holding facility may be located in a 
25cremation room.
26 "Human remains" means the body of a deceased person, 
 
 
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1including any form of body prosthesis that has been 
2permanently attached or implanted in the body.
3 "Licensee" means an entity licensed under this Act. An 
4entity that holds itself as a licensee or that is accused of 
5unlicensed practice is considered a licensee for purposes of 
6enforcement, investigation, hearings, and the Illinois 
7Administrative Procedure Act. 
8 "Niche" means a compartment or cubicle for the 
9memorialization and permanent placement of an urn containing 
10cremated remains.
11 "Person" means any person, partnership, association, 
12corporation, limited liability company, or other entity, and 
13in the case of any such business organization, its officers, 
14partners, members, or shareholders possessing 25% or more of 
15ownership of the entity. 
16 "Processing" means the reduction of identifiable bone 
17fragments after the completion of the cremation process to 
18unidentifiable bone fragments by manual or mechanical means.
19 "Pulverization" means the reduction of identifiable bone 
20fragments after the completion of the cremation process to 
21granulated particles by manual or mechanical means.
22 "Scattering area" means an area which may be designated by 
23a cemetery and located on dedicated cemetery property or 
24property used for outdoor recreation or natural resource 
25conservation owned by the Department of Natural Resources and 
26designated as a scattering area, where cremated remains, which 
 
 
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1have been removed from their container, can be mixed with, or 
2placed on top of, the soil or ground cover.
3 "Temporary container" means a receptacle for cremated 
4remains, usually composed of cardboard, plastic or similar 
5material, that can be closed in a manner that prevents the 
6leakage or spillage of the cremated remains or the entrance of 
7foreign material, and is a single container of sufficient size 
8to hold the cremated remains until an urn is acquired or the 
9cremated remains are scattered.
10 "Unique identifier" means providing the deceased with 
11individual identification, through tagging, numbering, QR 
12code, or other individualized means, that is affixed to the 
13dead body, the body bag, and any body part, organ, or tissue 
14separated from the deceased to be used in nontransplant organ 
15donation in order to prevent misidentification of human 
16remains as described in the Reestablishing Integrity in Death 
17Care Act. 
18 "Urn" means a receptacle designed to encase the cremated 
19remains.
20(Source: P.A. 100-97, eff. 1-1-18; 100-526, eff. 6-1-18; 
21100-863, eff. 8-14-18.)

22 (410 ILCS 18/20)
23 (Section scheduled to be repealed on January 1, 2029)
24 Sec. 20. Authorization to cremate. 
25 (a) A crematory authority shall not cremate human remains 
 
 
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1until it has received all of the following:
2  (1) A cremation authorization form signed, in either 
3 paper or electronic format, by an authorizing agent. The 
4 cremation authorization form shall be provided by the 
5 crematory authority and shall contain, at a minimum, the 
6 following information:
7   (A) The identity of the human remains and the time 
8 and date of death.
9   (B) The name of the funeral director and funeral 
10 establishment, if applicable, that obtained the 
11 cremation authorization.
12   (C) Notification as to whether the death occurred 
13 from a disease declared by the Department of Health to 
14 be infectious, contagious, communicable, or dangerous 
15 to the public health.
16   (D) The name of the authorizing agent and the 
17 relationship between the authorizing agent and the 
18 decedent.
19   (E) A representation that the authorizing agent 
20 does in fact have the right to authorize the cremation 
21 of the decedent, and that the authorizing agent is not 
22 aware of any living person who has a superior priority 
23 right to that of the authorizing agent, as set forth in 
24 Section 15. In the event there is another living 
25 person who has a superior priority right to that of the 
26 authorizing agent, the form shall contain a 
 
 
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1 representation that the authorizing agent has made all 
2 reasonable efforts to contact that person, has been 
3 unable to do so, and has no reason to believe that the 
4 person would object to the cremation of the decedent.
5   (F) Authorization for the crematory authority to 
6 cremate the human remains.
7   (G) A representation that the human remains do not 
8 contain a pacemaker or any other material or implant 
9 that may be potentially hazardous or cause damage to 
10 the cremation chamber or the person performing the 
11 cremation.
12   (H) The name of the person authorized to receive 
13 the cremated remains from the crematory authority.
14   (I) The manner in which final disposition of the 
15 cremated remains is to take place, if known. If the 
16 cremation authorization form does not specify final 
17 disposition in a grave, crypt, niche, or scattering 
18 area, then the form may indicate that the cremated 
19 remains will be held by the crematory authority for 30 
20 days before they are released, unless they are picked 
21 up from the crematory authority prior to that time, in 
22 person, by the authorizing agent. At the end of the 30 
23 days the crematory authority may return the cremated 
24 remains to the authorizing agent if no final 
25 disposition arrangements are made; or at the end of 60 
26 days the crematory authority may dispose of the 
 
 
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1 cremated remains in accordance with subsection (d) of 
2 Section 40.
3   (J) A listing of any items of value to be delivered 
4 to the crematory authority along with the human 
5 remains, and instructions as to how the items should 
6 be handled.
7   (K) A specific statement as to whether the 
8 authorizing agent has made arrangements for any type 
9 of viewing of the decedent before cremation, or for a 
10 service with the decedent present before cremation in 
11 connection with the cremation, and if so, the date and 
12 time of the viewing or service and whether the 
13 crematory authority is authorized to proceed with the 
14 cremation upon receipt of the human remains.
15   (L) The signature, in either paper or electronic 
16 format, of the authorizing agent, attesting to the 
17 accuracy of all representations contained on the 
18 cremation authorization form, except as set forth in 
19 paragraph (M) of this subsection.
20   (M) If a cremation authorization form is being 
21 executed on a pre-need basis, the cremation 
22 authorization form shall contain the disclosure 
23 required by subsection (b) of Section 140.
24   (N) The cremation authorization form, other than 
25 pre-need cremation forms, shall also be signed, in 
26 either paper or electronic format, by a funeral 
 
 
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1 director or other representative of the funeral 
2 establishment that obtained the cremation 
3 authorization. That individual shall merely execute 
4 the cremation authorization form as a witness and 
5 shall not be responsible for any of the 
6 representations made by the authorizing agent, unless 
7 the individual has actual knowledge to the contrary. 
8 The information requested by items (A), (B), (C) and 
9 (G) of this subsection, however, shall be considered 
10 to be representations of the authorizing agent. In 
11 addition, the funeral director or funeral 
12 establishment shall warrant to the crematory that the 
13 human remains delivered to the crematory authority are 
14 the human remains identified on the cremation 
15 authorization form.
16  (2) A completed and executed burial transit permit 
17 indicating that the human remains are to be cremated.
18  (3) Any other documentation required by this State, 
19 including documentation establishing that the human 
20 remains have a unique identifier affixed to the human 
21 body, body bag, or body parts and are accompanied with 
22 chain of custody documentation.
23 (b) If an authorizing agent is not available to execute a 
24cremation authorization form in person, that person may 
25delegate that authority to another person in writing, or by 
26sending the crematory authority a facsimile transmission that 
 
 
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1contains the name, address, and relationship of the sender to 
2the decedent and the name and address of the individual to whom 
3authority is delegated. Upon receipt of the written document, 
4or facsimile transmission, telegram, or other electronic 
5telecommunications transmission which specifies the individual 
6to whom authority has been delegated, the crematory authority 
7shall allow this individual to serve as the authorizing agent 
8and to execute the cremation authorization form. The crematory 
9authority shall be entitled to rely upon the cremation 
10authorization form without liability.
11 (c) An authorizing agent who signs, in either paper or 
12electronic format, a cremation authorization form shall be 
13deemed to warrant the truthfulness of any facts set forth on 
14the cremation authorization form, including that person's 
15authority to order the cremation; except for the information 
16required by items (C) and (G) of paragraph (1) of subsection 
17(a) of this Section, unless the authorizing agent has actual 
18knowledge to the contrary. An authorizing agent signing, in 
19either paper or electronic format, a cremation authorization 
20form shall be personally and individually liable for all 
21damages occasioned by and resulting from authorizing the 
22cremation.
23 (d) A crematory authority shall have authority to cremate 
24human remains upon the receipt of a cremation authorization 
25form signed, in either paper or electronic format, by an 
26authorizing agent. There shall be no liability for a crematory 
 
 
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1authority that cremates human remains according to an 
2authorization, or that releases or disposes of the cremated 
3remains according to an authorization, except for a crematory 
4authority's gross negligence, provided that the crematory 
5authority performs its functions in compliance with this Act.
6 (e) After an authorizing agent has executed a cremation 
7authorization form, the authorizing agent may revoke the 
8authorization and instruct the crematory authority to cancel 
9the cremation and to release or deliver the human remains to 
10another crematory authority or funeral establishment. The 
11instructions shall be provided to the crematory authority in 
12writing. A crematory authority shall honor any instructions 
13given to it by an authorizing agent under this Section if it 
14receives the instructions prior to beginning the cremation of 
15the human remains.
16(Source: P.A. 102-824, eff. 1-1-23.)

17 (410 ILCS 18/25)
18 (Section scheduled to be repealed on January 1, 2029)
19 Sec. 25. Recordkeeping. 
20 (a) The crematory authority shall furnish to the person 
21who delivers human remains to the crematory authority a 
22receipt signed, in either paper or electronic format, at the 
23time of delivery by both the crematory authority and the 
24person who delivers the human remains, showing the date and 
25time of the delivery, the type of casket or alternative 
 
 
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1container that was delivered, the name of the person from whom 
2the human remains were received and the name of the funeral 
3establishment or other entity with whom the person is 
4affiliated, the name of the person who received the human 
5remains on behalf of the crematory authority, and the name of 
6the decedent. The crematory shall retain a copy of this 
7receipt in its permanent records.
8 (b) Upon its release of cremated remains, the crematory 
9authority shall furnish to the person who receives the 
10cremated remains from the crematory authority a receipt 
11signed, in either paper or electronic format, by both the 
12crematory authority and the person who receives the cremated 
13remains, showing the date and time of the release, the name of 
14the person to whom the cremated remains were released and the 
15name of the funeral establishment, cemetery, or other entity 
16with whom the person is affiliated, the name of the person who 
17released the cremated remains on behalf of the crematory 
18authority, and the name of the decedent. The crematory shall 
19retain a copy of this receipt in its permanent records.
20 (b-5) Upon its release of cremated remains, the crematory 
21authority shall furnish to the person who receives the 
22cremated remains at the crematory the chain of custody 
23documentation. 
24 (c) A crematory authority shall maintain at its place of 
25business a permanent record of each cremation that took place 
26at its facility which shall contain the name of the decedent, 
 
 
SB2643- 23 -LRB103 35293 RPS 65331 b


1the date of the cremation, and the final disposition of the 
2cremated remains.
3 (d) The crematory authority shall maintain a record of all 
4cremated remains disposed of by the crematory authority in 
5accordance with subsection (d) of Section 40.
6 (e) Upon completion of the cremation, the crematory 
7authority shall file the burial transit permit as required by 
8the Illinois Vital Records Act and rules adopted under that 
9Act and the Illinois Counties Code, and transmit a photocopy 
10of the burial transit permit along with the cremated remains 
11to whoever receives the cremated remains from the authorizing 
12agent unless the cremated remains are to be interred, 
13entombed, inurned, or placed in a scattering area, in which 
14case the crematory authority shall retain a copy of the burial 
15transit permit and shall send the permit, along with the 
16cremated remains, to the cemetery, which shall file the permit 
17with the designated agency after the interment, entombment, 
18inurnment, or scattering has taken place.
19 (f) All cemeteries shall maintain a record of all cremated 
20remains that are disposed of on their property, provided that 
21the cremated remains were properly transferred to the cemetery 
22and the cemetery issued a receipt acknowledging the transfer 
23of the cremated remains.
24(Source: P.A. 102-824, eff. 1-1-23.)

25 (410 ILCS 18/35)
 
 
SB2643- 24 -LRB103 35293 RPS 65331 b


1 (Section scheduled to be repealed on January 1, 2029)
2 Sec. 35. Cremation procedures. 
3 (a) Human remains shall not be cremated within 24 hours 
4after the time of death, as indicated on the Medical 
5Examiner's/Coroner's Certificate of Death. In any death, the 
6human remains shall not be cremated by the crematory authority 
7until a cremation permit has been received from the coroner or 
8medical examiner of the county in which the death occurred and 
9the crematory authority has received a cremation authorization 
10form, executed by an authorizing agent, in accordance with the 
11provisions of Section 15 of this Act. In no instance, however, 
12shall the lapse of time between the death and the cremation be 
13less than 24 hours, unless (i) it is known the deceased has an 
14infectious or dangerous disease and that the time requirement 
15is waived in writing by the medical examiner or coroner where 
16the death occurred or (ii) because of a religious requirement.
17 (b) Except as set forth in subsection (a) of this Section, 
18a crematory authority shall have the right to schedule the 
19actual cremation to be performed at its own convenience, at 
20any time after the human remains have been delivered to the 
21crematory authority, unless the crematory authority has 
22received specific instructions to the contrary on the 
23cremation authorization form.
24 (c) No crematory authority shall cremate human remains 
25when it has actual knowledge that human remains contain a 
26pacemaker or any other material or implant that may be 
 
 
SB2643- 25 -LRB103 35293 RPS 65331 b


1potentially hazardous to the person performing the cremation.
2 (d) No crematory authority shall refuse to accept human 
3remains for cremation because such human remains are not 
4embalmed.
5 (e) Whenever a crematory authority is unable or 
6unauthorized to cremate human remains immediately upon taking 
7custody of the remains, the crematory authority shall place 
8the human remains in a holding facility in accordance with the 
9crematory authority's rules and regulations. The crematory 
10authority must notify the authorizing agent of the reasons for 
11delay in cremation if a properly authorized cremation is not 
12performed within any time period expressly contemplated in the 
13authorization.
14 (f) A crematory authority shall not accept a casket or 
15alternative container from which there is any evidence of the 
16leakage of body fluids.
17 (g) The casket or the alternative container shall be 
18cremated with the human remains or destroyed, unless the 
19crematory authority has notified the authorizing agent to the 
20contrary on the cremation authorization form and obtained the 
21written consent of the authorizing agent.
22 (h) The simultaneous cremation of the human remains of 
23more than one person within the same cremation chamber, 
24without the prior written consent of the authorizing agent, is 
25prohibited except for common cremation pursuant to Section 
2611.4 of the Hospital Licensing Act. Nothing in this 
 
 
SB2643- 26 -LRB103 35293 RPS 65331 b


1subsection, however, shall prevent the simultaneous cremation 
2within the same cremation chamber of body parts delivered to 
3the crematory authority from multiple sources, or the use of 
4cremation equipment that contains more than one cremation 
5chamber.
6 (i) No unauthorized person shall be permitted in the 
7holding facility or cremation room while any human remains are 
8being held there awaiting cremation, being cremated, or being 
9removed from the cremation chamber.
10 (j) A crematory authority shall not remove any dental 
11gold, body parts, organs, or any item of value prior to or 
12subsequent to a cremation without previously having received 
13specific written authorization from the authorizing agent and 
14written instructions for the delivery of these items to the 
15authorizing agent. Under no circumstances shall a crematory 
16authority profit from making or assisting in any removal of 
17valuables.
18 (k) Upon the completion of each cremation, and insofar as 
19is practicable, all of the recoverable residue of the 
20cremation process shall be removed from the cremation chamber.
21 (l) If all of the recovered cremated remains will not fit 
22within the receptacle that has been selected, the remainder of 
23the cremated remains shall be returned to the authorizing 
24agent or the agent's designee in a separate container. The 
25crematory authority shall not return to an authorizing agent 
26or the agent's designee more or less cremated remains than 
 
 
SB2643- 27 -LRB103 35293 RPS 65331 b


1were removed from the cremation chamber.
2 (m) A crematory authority shall not knowingly represent to 
3an authorizing agent or the agent's designee that a temporary 
4container or urn contains the cremated remains of a specific 
5decedent when it does not.
6 (n) Cremated remains shall be shipped only by a method 
7that has an internal tracing system available and that 
8provides a receipt signed, in either paper or electronic 
9format, by the person accepting delivery.
10 (o) A crematory authority shall maintain an identification 
11system that shall ensure that it shall be able to identify the 
12human remains in its possession throughout all phases of the 
13cremation process.
14 (p) A crematory authority shall not take possession of 
15unembalmed human remains that cannot be cremated within 24 
16hours unless it provides or maintains either of the following 
17capable of maintaining a temperature of less than 40 degrees 
18Fahrenheit: an operable refrigeration unit, with cleanable, 
19noncorrosive interior and exterior finishes, or a suitable 
20cooling room. 
21 (q) A crematory authority shall maintain the unique 
22identifier associated with the human remains. The unique 
23identifier shall remain affixed to the deceased until the last 
24feasible moment before cremation. 
25 (r) A crematory authority shall maintain the chain of 
26custody documentation that corresponds with the human remains. 
 
 
SB2643- 28 -LRB103 35293 RPS 65331 b


1Upon its release of cremated remains, the crematory authority 
2shall furnish to the person who receives the cremated remains 
3at the crematory the chain of custody documentation. 
4(Source: P.A. 102-824, eff. 1-1-23; 103-253, eff. 6-30-23.)

5 Section 910. The Vital Records Act is amended by changing 
6Sections 1, 18, 20, and 21 as follows:

7 (410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)
8 Sec. 1. As used in this Act, unless the context otherwise 
9requires: 
10 (1) "Vital records" means records of births, deaths, fetal 
11deaths, marriages, dissolution of marriages, and data related 
12thereto.
13 (2) "System of vital records" includes the registration, 
14collection, preservation, amendment, and certification of 
15vital records, and activities related thereto.
16 (3) "Filing" means the presentation of a certificate, 
17report, or other record provided for in this Act, of a birth, 
18death, fetal death, adoption, marriage, or dissolution of 
19marriage, for registration by the Office of Vital Records.
20 (4) "Registration" means the acceptance by the Office of 
21Vital Records and the incorporation in its official records of 
22certificates, reports, or other records provided for in this 
23Act, of births, deaths, fetal deaths, adoptions, marriages, or 
24dissolution of marriages.
 
 
SB2643- 29 -LRB103 35293 RPS 65331 b


1 (5) "Live birth" means the complete expulsion or 
2extraction from its mother of a product of human conception, 
3irrespective of the duration of pregnancy, which after such 
4separation breathes or shows any other evidence of life such 
5as beating of the heart, pulsation of the umbilical cord, or 
6definite movement of voluntary muscles, whether or not the 
7umbilical cord has been cut or the placenta is attached.
8 (6) "Fetal death" means death prior to the complete 
9expulsion or extraction from the uterus of a product of human 
10conception, irrespective of the duration of pregnancy, and 
11which is not due to an abortion as defined in Section 1-10 of 
12the Reproductive Health Act. The death is indicated by the 
13fact that after such separation the fetus does not breathe or 
14show any other evidence of life such as beating of the heart, 
15pulsation of the umbilical cord, or definite movement of 
16voluntary muscles.
17 (7) "Dead body" means a lifeless human body or parts of 
18such body or bones thereof from the state of which it may 
19reasonably be concluded that death has occurred.
20 (8) "Final disposition" means the burial, cremation, or 
21other disposition of a dead human body or fetus or parts 
22thereof.
23 (9) "Physician" means a person licensed to practice 
24medicine in Illinois or any other state.
25 (10) "Institution" means any establishment, public or 
26private, which provides in-patient medical, surgical, or 
 
 
SB2643- 30 -LRB103 35293 RPS 65331 b


1diagnostic care or treatment, or nursing, custodial, or 
2domiciliary care to 2 or more unrelated individuals, or to 
3which persons are committed by law.
4 (11) "Department" means the Department of Public Health of 
5the State of Illinois.
6 (12) "Director" means the Director of the Illinois 
7Department of Public Health.
8 (13) "Licensed health care professional" means a person 
9licensed to practice as a physician, advanced practice 
10registered nurse, or physician assistant in Illinois or any 
11other state.
12 (14) "Licensed mental health professional" means a person 
13who is licensed or registered to provide mental health 
14services by the Department of Financial and Professional 
15Regulation or a board of registration duly authorized to 
16register or grant licenses to persons engaged in the practice 
17of providing mental health services in Illinois or any other 
18state. 
19 (15) "Intersex condition" means a condition in which a 
20person is born with a reproductive or sexual anatomy or 
21chromosome pattern that does not fit typical definitions of 
22male or female. 
23 (16) "Homeless person" means an individual who meets the 
24definition of "homeless" under Section 103 of the federal 
25McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an 
26individual residing in any of the living situations described 
 
 
SB2643- 31 -LRB103 35293 RPS 65331 b


1in 42 U.S.C. 11434a(2). 
2 (17) "Advanced practice registered nurse" means: (i) an 
3advanced practice registered nurse with full practice 
4authority; or (ii) an advanced practice registered nurse with 
5a collaborative agreement with a physician who has delegated 
6the completion of death certificates.
7 (18) "Certifying health care professional" means a 
8physician, physician assistant, or advanced practice 
9registered nurse.
10 (19) "Physician assistant" means a physician assistant who 
11practices in accordance with a written collaborative agreement 
12that includes the completion of death certificates. 
13 (20) "Unique identifier" means providing the deceased with 
14individual identification, through tagging, numbering, QR 
15code, or other individualized means, that is affixed to the 
16dead body, the body bag, and any body part, organ, or tissue 
17separated from the deceased to be used in nontransplant organ 
18donation in order to prevent misidentification of human 
19remains as described in the Reestablishing Integrity in Death 
20Care Act. 
21 (21) "Chain of custody documentation" means a record that 
22establishes the continuous location and control of a dead 
23body, body parts, or human remains as described in the 
24Reestablishing Integrity in Death Care Act. 
25(Source: P.A. 101-13, eff. 6-12-19; 102-257, eff. 1-1-22; 
26102-844, eff. 1-1-23.)

 
 
SB2643- 32 -LRB103 35293 RPS 65331 b


1 (410 ILCS 535/18) (from Ch. 111 1/2, par. 73-18)
2 Sec. 18. (1) Each death which occurs in this State shall be 
3registered by filing a death certificate with the local 
4registrar of the district in which the death occurred or the 
5body was found, within 7 days after such death (within 5 days 
6if the death occurs prior to January 1, 1989) and prior to 
7cremation or removal of the body from the State, except when 
8death is subject to investigation by the coroner or medical 
9examiner.
10  (a) For the purposes of this Section, if the place of 
11 death is unknown, a death certificate shall be filed in 
12 the registration district in which a dead body is found, 
13 which shall be considered the place of death.
14  (b) When a death occurs on a moving conveyance, the 
15 place where the body is first removed from the conveyance 
16 shall be considered the place of death and a death 
17 certificate shall be filed in the registration district in 
18 which such place is located.
19  (c) The funeral director who first assumes custody of 
20 a dead body shall be responsible for filing a completed 
21 death certificate. He or she shall obtain the personal 
22 data from the next of kin or the best qualified person or 
23 source available; he or she shall enter on the certificate 
24 the name, relationship, and address of the informant; he 
25 or she shall enter the date, place, and method of final 
 
 
SB2643- 33 -LRB103 35293 RPS 65331 b


1 disposition; he or she shall affix his or her own 
2 signature and enter his or her address; and shall present 
3 the certificate to the person responsible for completing 
4 the medical certification of cause of death. The person 
5 responsible for completing the medical certification of 
6 cause of death must note the presence of 
7 methicillin-resistant staphylococcus aureus, clostridium 
8 difficile, or vancomycin-resistant enterococci if it is a 
9 contributing factor to or the cause of death. Additional 
10 multi-drug resistant organisms (MDROs) may be added to 
11 this list by the Department by rule.
12 (1.5) No later than January 1, 2025, the funeral director 
13who first assumes control of the body of a deceased individual 
14whose death occurred in the State shall assign the body with a 
15unique identifier. The unique identifier shall be affixed to 
16the dead body, the body bag, and any body part, organ, or 
17tissue separated from the deceased to be used in nontransplant 
18organ donation. The unique identifier shall remain affixed to 
19the deceased until the last feasible moment before final 
20disposition. The Department of Financial and Professional 
21Regulation shall enforce the unique identifier requirement in 
22its regulation of licensees who care for dead bodies. 
23 (1.10) No later than January 1, 2025, the funeral director 
24who first assumes control of the body of a deceased individual 
25whose death occurred in the State shall commence the chain of 
26custody documentation for the dead body. The chain of custody 
 
 
SB2643- 34 -LRB103 35293 RPS 65331 b


1documentation shall follow the dead body from death to the 
2last feasible moment before final disposition, if final 
3disposition is within the State or the human remains are 
4returned to the State. If human remains are returned to the 
5next of kin under other applicable State law, then the chain of 
6custody documentation shall be provided to the deceased's next 
7of kin following final disposition. 
8 The chain of custody documentation shall include (i) the 
9deceased's unique identifier; (ii) a list of each death care 
10provider that came in contact with the dead body; (iii) a list 
11of each service performed detailing the provider, location, 
12and date; and (iv) the signature of the individual who 
13executes final disposition. 
14 The Department of Financial and Professional Regulation 
15shall enforce the chain of custody requirement on all 
16industries under its jurisdiction that participate in the 
17chain of custody of dead bodies or human remains. 
18 (2) The medical certification shall be completed and 
19signed within 48 hours after death by the certifying health 
20care professional who, within 12 months prior to the date of 
21the patient's death, was treating or managing treatment of the 
22patient's illness or condition which resulted in death, except 
23when death is subject to the coroner's or medical examiner's 
24investigation. In the absence of the certifying health care 
25professional or with his or her approval, the medical 
26certificate may be completed and signed by his or her 
 
 
SB2643- 35 -LRB103 35293 RPS 65331 b


1associate physician, advanced practice registered nurse, or 
2physician assistant, the chief medical officer of the 
3institution in which death occurred, or the physician who 
4performed an autopsy upon the decedent. 
5 (3) When a death occurs without medical attendance, or 
6when it is otherwise subject to the coroner's or medical 
7examiner's investigation, the coroner or medical examiner 
8shall be responsible for the completion of a coroner's or 
9medical examiner's certificate of death and shall sign the 
10medical certification within 48 hours after death, except as 
11provided by regulation in special problem cases. If the 
12decedent was under the age of 18 years at the time of his or 
13her death, and the death was due to injuries suffered as a 
14result of a motor vehicle backing over a child, or if the death 
15occurred due to the power window of a motor vehicle, the 
16coroner or medical examiner must send a copy of the medical 
17certification, with information documenting that the death was 
18due to a vehicle backing over the child or that the death was 
19caused by a power window of a vehicle, to the Department of 
20Children and Family Services. The Department of Children and 
21Family Services shall (i) collect this information for use by 
22Child Death Review Teams and (ii) compile and maintain this 
23information as part of its Annual Child Death Review Team 
24Report to the General Assembly. 
25 (3.5) The medical certification of cause of death shall 
26expressly provide an opportunity for the person completing the 
 
 
SB2643- 36 -LRB103 35293 RPS 65331 b


1certification to indicate that the death was caused in whole 
2or in part by a dementia-related disease, Parkinson's Disease, 
3or Parkinson-Dementia Complex.
4 (4) When the deceased was a veteran of any war of the 
5United States, the funeral director shall prepare a 
6"Certificate of Burial of U. S. War Veteran", as prescribed 
7and furnished by the Illinois Department of Veterans' Affairs, 
8and submit such certificate to the Illinois Department of 
9Veterans' Affairs monthly.
10 (5) When a death is presumed to have occurred in this State 
11but the body cannot be located, a death certificate may be 
12prepared by the State Registrar upon receipt of an order of a 
13court of competent jurisdiction which includes the finding of 
14facts required to complete the death certificate. Such death 
15certificate shall be marked "Presumptive" and shall show on 
16its face the date of the registration and shall identify the 
17court and the date of the judgment.
18(Source: P.A. 102-257, eff. 1-1-22; 102-844, eff. 1-1-23; 
19103-154, eff. 6-30-23.)

20 (410 ILCS 535/20) (from Ch. 111 1/2, par. 73-20)
21 Sec. 20. Fetal death; place of registration. 
22 (1) Each fetal death which occurs in this State after a 
23gestation period of 20 completed weeks (and when the mother 
24elects in writing to arrange for the burial or cremation of the 
25fetus under Section 11.4 of the Hospital Licensing Act) or 
 
 
SB2643- 37 -LRB103 35293 RPS 65331 b


1more shall be registered with the local or subregistrar of the 
2district in which the delivery occurred within 7 days after 
3the delivery and before removal of the fetus from the State, 
4except as provided by regulation in special problem cases.
5  (a) For the purposes of this Section, if the place of 
6 fetal death is unknown, a fetal death certificate shall be 
7 filed in the registration district in which a dead fetus 
8 is found, which shall be considered the place of fetal 
9 death.
10  (b) When a fetal death occurs on a moving conveyance, 
11 the city, village, township, or road district in which the 
12 fetus is first removed from the conveyance shall be 
13 considered the place of delivery and a fetal death 
14 certificate shall be filed in the registration district in 
15 which the place is located.
16  (c) The funeral director or person acting as such who 
17 first assumes custody of a fetus shall file the 
18 certificate. The personal data shall be obtained from the 
19 best qualified person or source available. The name, 
20 relationship, and address of the informant shall be 
21 entered on the certificate. The date, place, and method of 
22 final disposition of the fetus shall be recorded over the 
23 personal signature and address of the funeral director 
24 responsible for the disposition. The certificate shall be 
25 presented to the person responsible for completing the 
26 medical certification of the cause of death.
 
 
SB2643- 38 -LRB103 35293 RPS 65331 b


1 (2) The medical certification shall be completed and 
2signed within 24 hours after delivery by the certifying health 
3care professional in attendance at or after delivery, except 
4when investigation is required under Division 3-3 of Article 3 
5of the Counties Code and except as provided by regulation in 
6special problem cases.
7 (3) When a fetal death occurs without medical attendance 
8upon the mother at or after the delivery, or when 
9investigation is required under Division 3-3 of Article 3 of 
10the Counties Code, the coroner shall be responsible for the 
11completion of the fetal death certificate and shall sign the 
12medical certification within 24 hours after the delivery or 
13the finding of the fetus, except as provided by regulation in 
14special problem cases.
15 (4) No later than January 1, 2025, the funeral director 
16who first assumes control of a fetal death that occurred in the 
17State shall assign the body with a unique identifier. The 
18unique identifier shall remain affixed to the deceased until 
19the last feasible moment before final disposition. The 
20Department of Financial and Professional Regulation shall 
21enforce the unique identifier requirement in its regulation of 
22licensees who care for fetal deaths. 
23 (5) No later than January 1, 2025, the funeral director 
24who first assumes control of a fetal death that occurred in the 
25State shall commence the chain of custody documentation for 
26the dead body. The chain of custody documentation shall follow 
 
 
SB2643- 39 -LRB103 35293 RPS 65331 b


1the dead body from death to the last feasible moment before 
2final disposition, if final disposition is within the State or 
3the human remains are returned to the State. If human remains 
4are returned to the next of kin under other applicable State 
5law, then the chain of custody documentation shall be provided 
6to the deceased's next of kin following final disposition. 
7 The chain of custody documentation shall include (i) the 
8deceased's unique identifier; (ii) a list of each death care 
9provider that came in contact with the dead body; (iii) a list 
10of each service performed detailing the provider, location, 
11and date; and (iv) the signature of the individual who 
12executes final disposition. 
13 The Department of Financial and Professional Regulation 
14shall enforce the chain of custody requirement on all 
15industries under its jurisdiction that participate in the 
16chain of custody of dead bodies or human remains. 
17(Source: P.A. 102-257, eff. 1-1-22.)

18 (410 ILCS 535/21) (from Ch. 111 1/2, par. 73-21)
19 Sec. 21. (1) The funeral director or person acting as such 
20who first assumes custody of a dead body or fetus shall make a 
21written report to the registrar of the district in which death 
22occurred or in which the body or fetus was found within 24 
23hours after taking custody of the body or fetus on a form 
24prescribed and furnished by the State Registrar and in 
25accordance with the rules promulgated by the State Registrar. 
 
 
SB2643- 40 -LRB103 35293 RPS 65331 b


1Except as specified in paragraph (2) of this Section, the 
2written report shall serve as a permit to transport, bury, or 
3entomb the body or fetus within this State, provided that the 
4funeral director or person acting as such shall certify that 
5the certifying health care professional who, within 12 months 
6prior to the date of the patient's death, was treating or 
7managing treatment of the patient's illness or condition which 
8resulted in death has been contacted and has affirmatively 
9stated that he or she will sign the medical certificate of 
10death or the fetal death certificate. If a funeral director 
11fails to file written reports under this Section in a timely 
12manner, the local registrar may suspend the funeral director's 
13privilege of filing written reports by mail. In a county with a 
14population greater than 3,000,000, if a funeral director or 
15person acting as such inters or entombs a dead body without 
16having previously certified that the certifying health care 
17professional who, within 12 months prior to the date of the 
18patient's death, was treating or managing treatment of the 
19patient's illness or condition that resulted in death has been 
20contacted and has affirmatively stated that he or she will 
21sign the medical certificate of death, then that funeral 
22director or person acting as such is responsible for payment 
23of the specific costs incurred by the county medical examiner 
24in disinterring and reinterring or reentombing the dead body.
25 (2) The written report as specified in paragraph (1) of 
26this Section shall not serve as a permit to:
 
 
SB2643- 41 -LRB103 35293 RPS 65331 b


1  (a) Remove body or fetus from this State;
2  (b) Cremate the body or fetus; or
3  (c) Make disposal of any body or fetus in any manner 
4 when death is subject to the coroner's or medical 
5 examiner's investigation.
6 (3) In accordance with the provisions of paragraph (2) of 
7this Section the funeral director or person acting as such who 
8first assumes custody of a dead body or fetus shall obtain a 
9permit for disposition of such dead human body prior to final 
10disposition or removal from the State of the body or fetus. 
11Such permit shall be issued by the registrar of the district 
12where death occurred or the body or fetus was found. No such 
13permit shall be issued until a properly completed certificate 
14of death has been filed with the registrar, the deceased is 
15provided with a unique identifier, and chain of custody 
16documentation has been provided. The registrar shall insure 
17the issuance of a permit for disposition within an expedited 
18period of time to accommodate Sunday or holiday burials of 
19decedents whose time of death and religious tenets or beliefs 
20necessitate Sunday or holiday burials.
21 (4) A permit which accompanies a dead body or fetus 
22brought into this State shall be authority for final 
23disposition of the body or fetus in this State, except in 
24municipalities where local ordinance requires the issuance of 
25a local permit prior to disposition.
26 (5) A permit for disposition of a dead human body shall be 
 
 
SB2643- 42 -LRB103 35293 RPS 65331 b


1required prior to disinterment of a dead body or fetus, and 
2when the disinterred body is to be shipped by a common carrier. 
3Such permit shall be issued to a licensed funeral director or 
4person acting as such, upon proper application, by the local 
5registrar of the district in which disinterment is to be made. 
6In the case of disinterment, proper application shall include 
7a statement providing the name and address of any surviving 
8spouse of the deceased, or, if none, any surviving children of 
9the deceased, or if no surviving spouse or children, a parent, 
10brother, or sister of the deceased. The application shall 
11indicate whether the applicant is one of these parties and, if 
12so, whether the applicant is a surviving spouse or a surviving 
13child. Prior to the issuance of a permit for disinterment, the 
14local registrar shall, by certified mail, notify the surviving 
15spouse, unless he or she is the applicant, or if there is no 
16surviving spouse, all surviving children except for the 
17applicant, of the application for the permit. The person or 
18persons notified shall have 30 days from the mailing of the 
19notice to object by obtaining an injunction enjoining the 
20issuance of the permit. After the 30-day period has expired, 
21the local registrar shall issue the permit unless he or she has 
22been enjoined from doing so or there are other statutory 
23grounds for refusal. The notice to the spouse or surviving 
24children shall inform the person or persons being notified of 
25the right to seek an injunction within 30 days. 
26Notwithstanding any other provision of this subsection (5), a 
 
 
SB2643- 43 -LRB103 35293 RPS 65331 b


1court may order issuance of a permit for disinterment without 
2notice or prior to the expiration of the 30-day period where 
3the petition is made by an agency of any governmental unit and 
4good cause is shown for disinterment without notice or for the 
5early order. Nothing in this subsection (5) limits the 
6authority of the City of Chicago to acquire property or 
7otherwise exercise its powers under the O'Hare Modernization 
8Act or requires that City, or any person acting on behalf of 
9that City, to obtain a permit under this subsection (5) when 
10exercising powers under the O'Hare Modernization Act. The 
11Illinois Department of Transportation, and any person acting 
12on its behalf under a public-private agreement entered into in 
13accordance with the Public-Private Agreements for the South 
14Suburban Airport Act, is exempt from this subsection (5), 
15provided that the Illinois Department of Transportation, or 
16any such person, takes reasonable steps to comply with the 
17provisions of this subsection (5) so long as compliance does 
18not interfere with the design, development, operation, or 
19maintenance of the South Suburban Airport or the exercise of 
20their powers under the Public-Private Agreements for the South 
21Suburban Airport Act. 
22(Source: P.A. 102-257, eff. 1-1-22.)

23 Section 997. Severability. The provisions of this Act are 
24severable under Section 1.31 of the Statute on Statutes.

25 Section 999. Effective date. This Act takes effect upon 
 
 
SB2643- 44 -LRB103 35293 RPS 65331 b